Cheering for Equal Opportunity
February 14, 2017
Guided by the spirit of Title IX, the Michigan High School Athletic Association created girls competitive cheer in 1993 for the express purpose of providing an additional winter sport for girls to equalize athletic opportunities between the sexes. Before that, girls in Michigan had fewer athletic opportunities in the winter than in fall or spring and fewer athletic opportunities than boys overall.
Like all girls sports under MHSAA regulations, participation in MHSAA Girls Competitive Cheer Tournaments has been limited to girls. Since the 1977-78 school year (after a team of four boys won an Illinois High School Association girls state bowling championship), the MHSAA Handbook has included the following rule: “Boys may not participate on a girls team in MHSAA sponsored postseason meets and tournaments.” The MHSAA also encourages member schools not to permit boys to participate on girls teams during regular season play.
Without a policy prohibiting boys from displacing girls from teams and from the playing surface, athletic opportunities for girls would be in serious jeopardy, as many courts examining this issue have concluded. In short, permitting boys to displace girls would be antithetical to the fundamental purpose of Title IX.
The overwhelming majority of federal and state courts have concluded that “no-boys-on-girls-teams” rules are lawful and necessary. These cases conclude that maintaining and promoting athletic opportunities for girls and redressing past discrimination against women in athletics are important objectives. And, second, they conclude that excluding boys from girls’ sports – even if girls may participate on boys’ teams – is substantially related to that important interest.
Case law provides two separate, simple explanations; each of which, standing alone, establishes the legitimacy of the rule. First, having all-girl teams creates or maintains opportunities for females that would not otherwise exist, thereby providing females opportunity to develop programs equal to boys.
Second, because there are recognized, innate physiological differences between the sexes that give boys inherent advantages in most athletic events, to permit boys to participate on girls’ teams – irrespective of the sport – would displace girls from competition to a substantial extent, thereby diminishing female opportunity in athletics.
- A federal court in a Tennessee case wrote in 1977: “[it] takes little imagination to realize that were play and competition not separated by sex, the great bulk of females would quickly be eliminated from participation and denied any meaningful opportunity for athletic involvement.”
-
A federal court in Arizona wrote in 1989: “If males are permitted to displace females ... even to the extent of one player ..., the goal of equal participation by females in interscholastic athletics is set back, not advanced.”
The MHSAA created girls competitive cheer expressly to provide overall equal athletic opportunity for girls that did not exist before it was added as an MHSAA sport. That a boy now wishes to participate on a girls competitive cheer team, despite the abundance of athletic opportunities for boys in other sports, does not establish a violation of Title IX. And Title IX has never been so construed. The MHSAA’s rule creates for girls the opportunity to enjoy highly competitive athletic opportunity in the same number of sports as boys – precisely satisfying Title IX.
The MHSAA made its move toward girls competitive cheer two decades before entrepreneurs invented coed “stunt” for schools’ and colleges’ consideration. By that time, participation in girls competitive cheer had tripled in Michigan high schools. Girls competitive cheer is now the eighth-most popularly sponsored high school sport in Michigan, above sports like tennis, golf and swimming & diving which had a 20-year head start.
A Walk in the Woods
July 3, 2018
(This blog first appeared on MHSAA.com on July 30, 2010)
My wife and I were on a long walk through the woods and back roads of west Michigan this summer when she remarked, “We’re not lost; but we don’t know where we are.”
We knew how to get back to our car, but we didn’t know the direction we were headed. “We’re not lost,” I mused; “but we don’t know where we are.”
That’s an apt description for interscholastic athletics. We could back-track on the path to the origins of this journey, so we’re really not lost. But I don’t know anyone who really knows where we are, which direction we might be headed.
There are few who have viewed interscholastic athletics from more angles than I; but I’m not any clearer about the future than the newest coach or most casual fan. I’ve looked at high school sports as a coach, and as the son of a coach. I’ve been involved as a player, and as the parent of two players. I’m the son of a state leader and the protégé of a national leader. I’ve been an administrator at the state and national levels. I’ve read the old histories and handbooks, and I’ve talked at length with key leaders of the past. But I don’t know where we’re headed.
Where does this path lead that relaxes or eliminates out-of-season practice and competition restrictions for athletes and their coaches? From the repeated complaints of coaches and administrators, it’s evident that path was a bad choice; but how now to find our way back? We’ve taken a few steps back, but we know it was downhill to this point and a tough uphill climb back.
Where, if ever, is the end of this path that leads to more and more commercialization of sports? Where are we being taken as high school associations in other states relax or eliminate amateur and awards rules?
Where are the sporting goods manufacturers and street agents taking high school basketball? Will the game that has captured hearts and minds for generations continue its charm when the pervasive corruption of college basketball is exposed or it infects high school heroes beyond healing?
When, if ever, will the government’s thirst to regulate sports be quenched? Where, if ever, will the requests end for extra protections and privileges for special groups?
When, if ever, will seasons be long enough, travel far enough and the stakes high enough to satisfy promoters? Where are we being taken as high school associations in other states take down the barricades placed on those paths by the pioneers of our programs?
Eventually, on our walk through the woods, my wife and I determined it was time to turn around and head back toward our starting point. We didn’t think we could go any further ahead and still make our way back. We knew we didn’t have the power of mind to remember more turns. We ran out of memory before we ran out of energy.
I worry that some of those who are pushing the limits of high school athletics have forgotten where they parked the car. And having forgotten this, they wander in vain through the woods, trying this turn and that.
They’ve run out of memory, but not energy; and sadly, they drag us along, deceiving us and perhaps themselves that it’s only around the next corner or over the next hill that we will see clearly again or reach our goal.
(Note: This was first published in the MHSAA’s August 1995 Bulletin and in 2000 was included in the book Raising Expectations, which is now a part of the MHSAA Library.)